Liability of the internet service providers in third party copyright infringement: a critical analysis of applicable laws in other jurisdictions and Pakistan

Abstract

This thesis presents a comprehensive analysis of the liability of Internet Service Providers (ISPs) in cases of third-party copyright infringement, examining regulatory frameworks across several jurisdictions: the USA, EU, Australia, Singapore, India, and Pakistan, with a particular focus on Section 35 of the Prevention of Electronic Crimes Act (PECA) in Pakistan. Through a comparative lens, the study evaluates the legal provisions, judicial interpretations, and practical implications concerning ISP liability. The research delves into the divergent approaches adopted by each jurisdiction, exploring the extent of ISP responsibility, the criteria for safe harbor protections, and the mechanisms for addressing copyright infringement online. By examining the evolving landscape of ISP liability, this study aims to provide insights into the effectiveness and challenges of legal frameworks in balancing the interests of copyright holders, ISPs, and internet users. Furthermore, the thesis investigates the impact of ISP liability on digital innovation, access to information, and the broader digital economy. Through interdisciplinary analysis integrating legal, policy, and technological perspectives, the research contributes to a nuanced understanding of the complexities surrounding ISP liability in the digital age. By elucidating the regulatory strategies and their implications, this study offers valuable insights for policymakers, legal practitioners, and stakeholders navigating the evolving terrain of copyright enforcement and digital governance. Ultimately, the research seeks to inform ongoing debates and shape future regulatory approaches to foster a balanced and sustainable digital ecosystem conducive to creativity, innovation, and the protection of intellectual property rights.